Brown v Roads and Traffic Authority [2001] NSWCC 73

Brown v Roads and Traffic Authority [2001] NSWCC 73

The applicant is presently partially incapacitated as a result of injury to his right shoulder/neck sustained in the course of his employment. While there is evidence of significant current loss of use of the right arm and some impairment of the neck, the degree of permanency cannot be determined at this time due to possible improvement with recommended treatment. Compensation is therefore limited to weekly payments and medical expenses rather than lump sums for permanent loss.

Parties
Applicant: Eric Brown; Respondent: Roads and Traffic Authority
Jurisdiction
Australia
Judgment Date
09 May 2001
Procedural Posture
Compensation Claim / Judgment
Outcome
Application for compensation partly allowed
Legal Topics
Assessment of Compensation, Incapacity, Permanent Impairment, Medical Expenses, Weekly Payments
Workers Compensation Assessment of Compensation Incapacity Permanent Impairment Medical Expenses Weekly Payments

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Parties

Eric Brown

Applicant

Roads and Traffic Authority

Respondent

Procedural Posture

Compensation Claim / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to compensation for incapacity from 18 February 2000 to date and continuing
  2. 2 Assessment of permanent loss of use of right arm and impairment of neck
  3. 3 Entitlement to lump sum for pain and suffering

Ratio Decidendi

The applicant is presently partially incapacitated as a result of injury to his right shoulder/neck sustained in the course of his employment. While there is evidence of significant current loss of use of the right arm and some impairment of the neck, the degree of permanency cannot be determined at this time due to possible improvement with recommended treatment. Compensation is therefore limited to weekly payments and medical expenses rather than lump sums for permanent loss.

Court Disposition

Application for compensation partly allowed

Orders

  • Respondent to pay weekly payment pursuant to s 40 of $350.10 per week as adjusted from 19 February 2000 to date and continuing
  • Respondent to pay medical, hospital and other expenses of treatment pursuant to s 60